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15 May 2008
Issue: 7321 / Categories: Legal News , Public , Environment , Human rights
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Costs must drop for environmental cases

News

The government needs to make legal action more affordable in environmental cases to comply with the Aarhus Convention on citizens’ environmental rights, a new report concludes. The report, Ensuring Access to Justice in England and Wales, compiled by an independent working group on access to justice in environmental matters, looked at whether current law and practice prevent individuals and groups from achieving access to justice in environmental matters. It concludes that for most people and NGOs, current rules about costs— particularly potential exposure to costs if an application fails—are inconsistent with the Aarhus Convention. It requires that access to effective judicial mechanisms is “fair, equitable, timely and not prohibitively expensive”.

At the report’s launch Mr Justice Sullivan, who chaired the working group, said: “While the Administrative Court is capable of dealing effectively with environmental law challenges, that is of limited practical value in protecting the environment if only the very rich or the very poor can afford to use the court’s procedures.” Daniel Lawrence, chairman of the UK Environmental Law Association, says: “This is a thorough report, which includes a comparison of how things works across Europe, and the UK seems to be lagging behind.”

 

Issue: 7321 / Categories: Legal News , Public , Environment , Human rights
printer mail-details

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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